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Six months after seeking approval from Batavia City Council to build an auto service station on his Ellicott Street property, Eric Biscaro may be seeing some light at the end of the tunnel.

On Tuesday night, the City Planning & Development Committee voted in favor of allowing what the municipal code classifies as a “public garage” in an I-1 (Industrial) zone, contingent upon the granting of an accompanying special use permit.

Currently, the City code allows auto repair shops in the P-1 (Planned Development) zone, specifically the Batavia Industrial Park, and in a C-2 (Commercial) zone with a special use permit.

According to Code Enforcement Officer Doug Randall, the PDC’s decision to open the I-1 zone to include public garages will now go back to City Council for its review.

“If City Council decides in favor of it, then it will go to the Genesee County Planning Board for its review and recommendation to Council,” Randall said. “From there, Council again will review the county’s recommendation and hold a public hearing and vote, or schedule a public hearing (prior to a possible vote).”

If and when the change becomes a local law, then Biscaro – or anyone else for that matter – would be able to file an application for a special use permit which, in Biscaro’s case, would mean going back to the County Planning Board since the location is within 500 feet from a state highway.

In late January, Biscaro petitioned City Council for permission to place a motor vehicle repair shop on the site of his other two companies at 653 Ellicott St. – Classic Home Improvements and Armor Building Supply.

Prior to that, his request for a variance was rejected by the County Planning Board because a public garage was not an allowable use in the I-1 district.

Council members forwarded Biscaro’s request to the PDC for review and subsequent recommendation, action that was taken last night.

According to the municipal code, a “public garage” is a building or part thereof used for the storage, hiring, selling, greasing, washing, servicing or repair of motor vehicles, operated for gain.

Randall said that the shop’s principal use would be to repair cars and trucks.

Biscaro’s proposal calls for expanding an existing open shed into a two-bay garage behind the Armor side (of the facility), a building that he said will not be visible from Ellicott Street.

Contacted today, Biscaro said he was disappointed when he learned that the auto repair shop wasn’t permitted in the first place, but is pleasantly surprised to hear of the PDC’s ruling.

“At the time, being in the Industrial zone, I thought it would absolutely be OK,” he said. “Since then, I lost my tenant – he had to find another place – but I still wish to go forward with it.”

In other action, the PDC, as expected, approved a pair of major construction projects:

-- Ellicott Place, the Downtown Revitalization Initiative venture of V.J. Gautieri Constructors Inc., to renovate the Save-A-Lot supermarket building at 45-47 Ellicott St.;

Both projects received recommendations of approval last month from the Genesee County Planning Board.

Following several minutes of discussion about siding materials, color selection, window types and placement, exterior design, dumpster location and designated parking areas, PDC members OK'd Gautieri’s request for a special use permit to allow the firm to create 10 apartments on the vacant, 11,600-square-foot second floor.

The approval, however, comes with the stipulation that additional enhancement – or bump-outs -- be placed around two windows on the south side of the second floor to conform with the rest of the architectural design.

Victor Gautieri, company president, said financing is expected to be finalized by the end of the month, with work to begin about four weeks later.

He and David Rowley, director of project management, answered questions from the board.

PDC Member Ed Flynn, who made the motion to add the window treatment, said the final plans “were pretty consistent to what was (originally) submitted” a couple years ago.

“It’s great to see a DRI project moving forward,” Flynn said.

About half of the project’s cost will be paid for by a $1.15 million DRI award. It also will be receiving about $130,000 in sales tax and mortgage tax abatements from the Genesee County Economic Development Center.

Previously: Planning boards to consider Ellicott Place residential/commercial venture special use permits

-- A two-story, 20-bed detoxification center addition to the Atwater House residential facility on the Genesee/Orleans Council on Alcoholism and Substance Abuse campus at 424 E. Main St.

Eleanor Asquith, an architect with Fontanese Folts Aubrecht Ernst of Orchard Park, presented the nonprofit agency’s proposal to build an 8,788-square-foot medically supervised detox center.

Questions from the PDC dealt primarily with the need to install another parking lot (13 spaces), which would increase the available umber of parking spots to 113 – including 18 spaces that are being leased from property owned by Cornell Cooperative Extension off Masse Place.

Asquith pointed out that GCASA officials anticipate that at least 94 parking spaces will be required since the addition of the detox center will create about 26 more jobs.

The $3.6 million addition is being funded by OASAS capital projects.

Previously: 'A welcome addition': County planners support GCASA's detoxification center project

The 36-year-old son of Sheriff William Sheron and Karen M. Maskell has died.

William A. "Billy" Sheron III, of Buffalo, died two days ago at Strong Memorial Hospital after a brief illness.

Sheron was born in Batavia on April 24, 1984, and graduated from Batavia High School in 2002. He became a certified public accountant after earning a bachelor's and master's degree from SUNY Oswego.

According to his obituary, Billy was a compassionate and kind-hearted man who loved his family and friends to no end.

He was an avid golfer, a valued member of The Genny and enjoyed grilling, fantasy football, and the Buffalo Bills. Steaks and chicken wings were his specialties. The animated TV classic "The Simpsons" always kept him laughing, and we can’t forget his love for Kendrick and Ophelia.

Sheriff Sheron declined to comment this morning.

For his full obituary, click here.

CORRECTION: In a previous version, we misstated the name of Billy Sheron's mother. It has been corrected. We regret the error and apologize to Karen M. Maskell and the Sheron family.

Calling him “part of the fabric of our team,” the executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse fondly remembers longtime residential services kitchen manager Sterling

Stroman who passed away on Sunday after a six-year battle with cancer.

“It is so sad to hear about the passing of Sterling. He was part of the fabric of our team at GCASA and always brought his kind energy to everything he did,” John Bennett said.

Stroman, a Batavia native who graduated from Oakfield-Alabama Central School, was 55.

His wife, Ella, informed family and friends of his death.

“I would like to let you know that my husband Sterling has passed away … he went very peaceful and did not suffer any more than he did,” she wrote on her Facebook page. “He is in a better place. I also would like to thank everyone for your love and prayers.”

A fun-loving and caring individual who made friends easily, Stroman made the headlines last November when, through arrangements made by HomeCare and Hospice, was able to scratch off a couple big ticket items on his “bucket list.”

First, he and his family were treated to a Buffalo Sabres game, where he was able to meet star Jack Eichel and Hall of Fame goaltender Dominik Hasek, and a couple weeks later, he was able to meet his pro sports hero, John Elway, the Hall of Fame quarterback of his beloved Denver Broncos, when the team faced the Bills in Buffalo.

Closer to home, on May 2, Stroman was honored with a parade – led by the City of Batavia Fire Department – that traveled past his house on North Lyon Street.

Organized by his sister, Michelle, and sister-in-law Robin Gangarossa, the parade of love and support included about 50 cars, filled with friends, GCASA colleagues and family members.

Nicole Davis, director of residential services at GCASA, said Stroman was “committed, dependable and dedicated to those that we serve.”

“Sterling certainly was a staple in residential services,” Davis said. “He was that employee that would positively boast about our staff, services, and residents, and he would always make us laugh with his many quips and life stories. We all count ourselves lucky to have known a man like him, and we miss his presence every day.”

Bennett said Stroman’s memory will live on as part of the nonprofit organization’s expansion to the Atwater House residential facility. Stroman worked at GCASA for more than 20 years.

“It will be fitting to honor his memory in our new residential program as we plan to dedicate the new kitchen and cafeteria in his name,” Bennett said. “Preparing and serving meals were his way to share the love he had for others.”

Friends are invited to call from 11 a.m. to 1 p.m. Friday at The City Church, 210 E. Main St., Batavia. A 1 p.m. “Celebration of Life” will immediately follow at the church. He will be lain to rest in Grand View Cemetery.

The Rev. Martin Macdonald, City Church pastor, said that Stroman was “one of the kindest and gentlest men I ever met.”

“Sterling would truly help or do anything for anyone at any time,” Macdonald said. “We loved him, and he definitely will be missed.”

Memorials may be made to: GCASA Atwater, 430 E. Main St., Batavia, NY 14020.

To leave a message of condolence please visit www.gilmartinfuneralhome.com or for more information call (585) 343-8260.

Arrangements completed by Gilmartin Funeral Home & Cremation Company Inc.(585) 329-333 W. Main St., Batavia, NY 14020.

Previously:

Two days in school; three days learning remotely from home.

That is a possibility, at least at the beginning, for the 2020-21 year for students in the Batavia City School District.

Superintendent Anibal Soler Jr. tonight presented a sample weekly schedule at the district’s monthly Board of Education meeting livestreamed over its YouTube page.

Speaking for nearly an hour, Soler touched on various scenarios that he and the Batavia Reopening Strong Task Force are facing with the start of school less than two months away.

How students will be educated certainly is up in the air thanks to COVID-19 and its impact on Gov. Andrew Cuomo’s decision-making process.

Last week, the governor announced that a school will be able to reopen only if its region is in Phase Four and that the daily infection rate in that region is at 5 percent or lower over a 14-day average. Furthermore, if a school does reopen, face coverings, social distancing, health screenings and strict cleaning guidelines will come into play.

The state education department has issued a 145-page reopening document, covering a wide spectrum of topics, such as submission of reopening plans (which are due by July 31), communication, health and safety, facilities, nutrition, transportation, social/emotional well-being, attendance, technology, athletics and extracurricular activities, special education and staffing.

Soler said the district’s reopening plan revolves around three options – in-person learning, 100-percent virtual (distance) learning, and a mix of the first two models.

If it comes down to the third choice, it is conceivable that – depending upon the day of the week and the first letter of their last name -- on a particular day, some students would be in school and some would be receiving instruction remotely online.

While emphasizing that nothing is etched in stone at this point, Soler offered a daily schedule that could look like this:

Monday – Pre-kindergarten through 12^th grade: virtual learning, but students at Genesee Valley Educational Partnership across the street from the high school (BOCES and Commercial Trades) would have in-person learning.

Tuesday – Pre-K through 12^th grade with last names ending in A-K, in-person; last names ending in L-Z, virtual.

Wednesday – A-K, virtual; L-Z, in-person.

Thursday – A-K, in-person; L-Z, virtual.

Friday – A-K, virtual; L-Z, in-person.

This schedule would hold true for all students unless their parents opted for 100-percent virtual learning, Soler said.

When asked about the alternating schedule’s effect on parents’ child care plans, Soler said the idea was to have set in-school, out-of-school days so parents could plan their child care accordingly. He did acknowledge, however, that “we imagine that no model is going to suffice with (parents’) day care schedule …”

Soler said the district is asking parents “to make a choice that they can live with and support as a family, knowing that in-person is up to five days,” he said, adding that an online registration form has been created for parents to indicate their preferences. “It probably won’t be every day if 2,000 people choose that choice (in-person learning).”

He said that as of this morning, 300 of 500 respondents chose in-person schooling while 75 or so opted for 100-percent virtual online. In the end, Soler said he thinks enough students will opt for 100-percent virtual, which will enable the district to “dedicate a workforce of teachers to just be virtual and work with those kids.”

But, he said, “some parents have said, ‘I’m not going to send my child back; I don’t feel comfortable and I don’t feel safe until there’s a vaccine.' ”

About 60 parents checked “other” – an option that could mean that their child will be homeschooled.

Soler said the district will call parents who chose “other” and, if applicable, will clarify the difference between homeschooling and virtual online teaching.

He also said that all staff members, including administrators, are expected to report to their school building every day, unless they “qualify for some kind of leave or were physically unable to work.”

The superintendent told board members that he was “hesitant” to reveal the sample schedule at this time, but did so “because when we share this (with the task force) on Friday … the word will get out there, so we’re trying to be proactive and transparent.”

He said the plan could be changed if a large number of students choose to be taught remotely – “then everybody will be able to come every day because we have so many people signed up virtually.”

Other highlights of his report to the board:

-- Administrators are exploring the use of Robert Morris on Union Street, the former elementary school building, to provide more in-person opportunities. “The challenge for us is staff; we don’t have more teachers, so we’re looking at how we can use aides,” he said.

“How do we feed them if they’re at Robert Morris because we’re required to feed everybody – (breakfast and lunch) whether they are in-person or signed up for remote (learning).”

-- Sanitation, cleanliness and other health-related mandates will result in increased costs.

Soler said he estimated that providing disposable masks to every student and staff member would cost the district about $800,000. He also said the district is looking at hiring more janitors and already has purchased “jet packs” for deep cleaning and polycarbonate sheets to block offer areas in the main offices.

“We still have a responsibility to clean every day – and will probably alter our cleaning staff schedule to be more of an afternoon/evening schedule,” he said, adding that staff would be charged with teaching proper hand washing and making sure hand sanitizer and cleaning supplies are readily available.

-- Social distancing will result in fewer students per class. He said that the 6-foot-apart rule will drop class sizes from around 24 to about 10-14, depending upon the square footage of the room. Also, students will have to eat in their classrooms because of the restriction on crowd size in the cafeteria.

For those in chorus or band, for example, the social distancing requirement increases to having to be 12 feet apart.

Also, the capacity on the bus will decrease considerably, from 50 down to about 22. Fortunately, a recent district survey revealed that parents overwhelmingly indicated they will transport kids to and from school if necessary.

-- Fall sports have been delayed until Sept. 21. “That’s a big impact; a lot of kids rely on fall sports. What does that mean for us as we reopen?” Soler asked.

-- Soler said the district will have a mobile app that mirrors its website to go along with the reopening plan. He said parents and students will be able to livestream to find out the lunch menu or the sports schedule for the day, for example.

In the end, Soler seemed resigned to the fact that it’s virtually (no pun intended) a no-win situation.

“If we do this perfectly, everyone still won’t be happy. Our team is working very hard … trying to look at all perspectives,” he said. “At the end of the day, everybody wants everybody back – in what was termed normal conditions, no mask, no social distancing, full bus, full activities, full sports, and we just can’t do that.”

He noted that field trips may have to be put on hold and other events may have to proceed without spectators.

“Imagine having a concert with no one in the audience,” he said. “That’s what we’re looking at, those kinds of things. It breaks my heart.”

The governor is expected to make his final decision during the week of Aug. 1-7.

In other developments:

-- Soler reported that 129 students are enrolled in a virtual summer school for pre-kindergarten through eighth grade, with some individual in-person components.

The program, coordinated by Bernadette Krumpek, is focused on math, reading and writing. A different learning model for students in grades 9-12 also is available.

-- The board voted in favor of a contract with the City of Batavia for a School Resource Officer for 2020-21, with the district to fund the salary and benefits of the officer. The district budgeted $125,000 for the full year.

The City would be responsible for the SRO’s vehicle, uniform, equipment and training. The Batavia City Council is expected to vote on the resolution at its Aug. 10 meeting.

-- Mark Warren, president of the Batavia Teachers’ Association, issued a statement indicating its support and involvement in the district’s reopening task force.

“The members of the Batavia Teachers’ Association miss our students and we would love nothing more than to return to a normal pre-COVID school building, but that is not the reality at this time,” he said.

“We are working as part of the Reopen Batavia Strong Task Force to create a reopening plan that meets the educational needs of the school district and focuses on the health and safety of the students, faculty, staff and community, based on the directives and parameters released by the state, created by experts and backed by science.”

A 40-year-old Alexander resident is facing federal charges for allegedly producing child pornography.

Christopher Brown is facing up to 15 years in prison.

According to Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, in April 2020, a law enforcement officer working online undercover discovered a sexually explicit video, which included a prepubescent female who appeared to be between 9 and 11 years old.

The IP address was traced to the defendant’s Dodgeson Road residence in Alexander. On July 17, a federal search warrant was executed at the residence. Investigators seized several items, including three cellular telephones and a computer. In addition, a DVD was recovered that contained explicit video of child pornography that he allegedly produced.

Investigators also reportedly recovered four firearms, including two rifles, two pistols and ammunition.

The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and is being detained.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Press release:

• Genesee County received three new positive cases of COVID-19, for a total of 243 positive cases.
  • The positive individuals reside in Batavia, Bergen and Corfu.
  • Two of the positive individuals are younger than 20 and one is in their 50s.
  • The positive individuals were not on mandatory quarantine prior to testing positive.
  • One of the previous community positive cases has recovered and has been released from mandatory isolation.
  • Fifty-one new individuals are on precautionary quarantine due to travel from restricted states.
  • No individuals are hospitalized.
• Orleans County received two new positive cases of COVID-19, maintaining a total of 271 positive cases.
  • The positive individuals reside in Ridgeway and Murray.
  • Both of the positive individuals are in their 30s.
  • The positive individuals were not on mandatory quarantine prior to testing positive.

• Thirteen new individuals are on precautionary quarantine due to travel from restricted states.
• Three of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

Whether you call it cooperation, consolidation or collaboration, the concept of municipalities engaging in shared services agreements likely will become a hot ticket item as time goes on.

Genesee County Manager Jay Gsell said he believes New York State leaders increasingly will look favorably upon counties, cities, towns and villages that pool their resources toward a goal of more efficient government.

And in this period of COVID-19 -- the cause of game-changing reductions in revenues, Gsell agrees that sharing services are more crucial than ever.

“Realistically, yes, I think they are -- at least to have that kind of notification back to the state that here are the things we’re considering,” he said, following the submission of the county’s 2019 shared services plan to the Genesee County Legislature for possible adoption this week.

Currently, Genesee County is contemplating shared services opportunities in the areas of criminal justice/law enforcement, water systems, weights and measures, procurement and real property assessment with its partner municipalities as well as neighboring counties.

After the county held three public hearings as required by law, its Ways & Means Committee voted in favor of the plan, which, upon approval, would be forwarded to the Department of State, Genesee Association of Municipalities and eight local school districts.

The resolution is on the agenda of the full legislature's meeting this Wednesday.

Gsell said this is the county’s second shared services proposal in accordance with the state’s “soft mandate” (the first was submitted in 2018).

The new plan prioritizes two projects: county assistance with the City of Batavia’s upgraded water system and a joint Genesee/Orleans county jail to replace the current jail on West Main Street.

He said that he sees these two ventures as prime candidates for state funding under the shared services program – as long as funding continues to be made available.

“By helping the City improve its water system – which it already is addressing in the areas of lead services and new water meters -- it can revert to retail,” Gsell said. “With that in place, we can help make sure that all the rates across the county are uniform.”

As far as building a new jail, Gsell said Genesee County has a designed facility (near County Building 2 on West Main Street Road) ready to go out to bid, but is on a temporary pause due to the coronavirus.

“One of us builds it, the other one hosts their inmates and we have a longstanding funding agreement to do that,” he said.

Gsell said the state needs to get on board to make it work.

“The state, itself, needs to be engaged and involved and make the changes to state statute,” he said. “So, we’ll put that on their radar screen.”

He said officials from both counties have talked to people in the governor’s office in Albany about moving the shared services agreement forward.

“We’ve told them that we’re thinking about this (and said) are you people going to be more than just standing on the sidelines or will you be progressive with us, when and if it gets put into a state budget?” he said.

Gsell said that the jail project was in the governor’s budget at one point but was left out when the 2020-21 final state budget was adopted.

“But that doesn’t mean it is a dead issue … it’s something that our two counties think is at least something to do more than just kick the tires on,” he said.

He added that this type of a “significant first-of-its-kind in the State of New York venture might also attract some funding to actually make it happen.”

The shared services plan also includes school resource officers.

At the present time, the county supports a police presence at Alexander, Byron-Bergen, Pavilion, Pembroke, Oakfield-Alabama and Genesee Valley Educational Partnership (Board of Cooperative Educational Services -- BOCES). Le Roy and Batavia school districts have SRO (School Resource Officer) agreements outside of the scope of the county.

“With SROs, some of the schools may not have a physical presence the way it has been in the past, so where does the SRO go in the future?” he asked. “We believe that it is pretty vital in the day-to-day function of a school system, but it may not be afforded. As schools continue to utilize SROs, it could be done as part of the state’s shared services program.”

New York State bowling center proprietors are going on the offensive in an effort to convince Gov. Andrew Cuomo to allow their businesses to reopen.

Rebuffed in their attempts to be part of the state’s Phase Three reopening plan, proprietors are becoming increasingly frustrated and worried after not being able to resume operations when Phase Four went into effect on June 26.

With backing from the Bowling Proprietors Association of America and the New York State Bowling Proprietors Association, bowling center owners have reached out to state lawmakers, hoping to impress upon them – and ultimately, the governor -- that with proper social distancing and disinfecting protocols in place, bowling can resume in a safe environment.

Local Assemblyman Stephen Hawley and Long Island Assemblyman Joseph DeStefano as well as Senator Daphne Jordan, who represents an area including Saratoga Springs, have written letters to the Cuomo on behalf of the bowling industry.

Hawley’s letter in June, pushing for a Phase Three opening, was signed by 17 other state legislators.

DeStefano hosted a press conference via Zoom videoconferencing last week and another at noon today that was broadcast on Facebook Live today from Coram Country Lanes in Suffolk County.

Today’s event attracted bowling proprietors and bowlers from across the state.

'We're Ready, Willing and Able'

“We know that bowling centers are supposed to be within Phase Four. We’re in Phase Four but yet the bowling community has not been advised as to what to do about reopening,” DeStefano said. “We’re here today to show everybody that the bowling community is ready, willing and able to do the things necessary to reopen.”

DeStefano said bowling centers “are not looking for a handout, we’re not looking for something for nothing … we want to do what is right for our communities. This is something that both sides agree on and the only person who hasn’t been listening is the governor.”

Nassau County Assemblyman John Mikulin said that bowling proprietors, like other business owners, want everyone to be safe.

“Bowling centers have a plan and can implement that plan and maintain social distancing,” he said. “Bowling contributes much to our communities.”

Approximately 300 bowling centers in New York employee around 8,700 people.

“Those are 8,700 people that are no longer working since March,” DeStefano said. “We need to get these people back to work and off the unemployment rolls.”

Looking for Clear Direction

Robert Martinez, representing Tom Muratore, Suffolk County legislator, said “if the pandemic does not hurt us, keeping our businesses closed and keeping people sitting home and waiting to work will certainly destroy us.”

DeStefano echoed the proprietors’ disappointment over the lack of direction from Albany.

“There are plenty of things that we have done so far to try and get these centers open again,” he said. “Unfortunately, for whatever reason, we’ve reached out to the Department of Health, we’ve reached out to the governor’s office, we’ve had a Zoom conference with the governor’s office and today we still haven’t heard … any guidance.”

Joe LaSpina, proprietor of Maple Family Centers on Long Island (and a center in Florida that has reopened), displayed his company’s 30-page reopening document that underscores customer safety, employee safety and exceeding the Center for Disease Control guidelines.

“We’re ready to embrace testing and social distancing. A pair of lanes is 11 ½ feet wide; that’s ample space for social distancing,” he said. “Our bowlers are aching to come back.”

At the Mercy of the Governor

Anthony Palumbo, another Long Island assemblyman, questioned Cuomo’s motivation in not responding to the proprietors.

“It’s almost if the governor is relishing in the fact that he can arbitrarily decide what is going to open and what isn’t going to open,” he said. “We’re all adults; we can do this safely and smartly. These small businesses will never reopen unless they allow us some leeway to do it smartly and safely.”

Chris Keller, owner of The All Star, a bowling center in Riverhead, said that since the shutdown, proprietors have focused on developing a plan for “clean, responsible and safe reopening when it was time.”

“Well, it is time. It’s time for the governor to trust in us; it’s time to let us open our doors again; it’s time to rehire our 8,700 employees; it’s time to enjoy our wonderful sport again,” he said.

John LaSpina, Joe’s father and longtime industry leader, pointed out that 40 years ago, bowling proprietors joined forces with the NYS Insurance Fund to create a safety group for all member centers.

“Through all of those years we have made significant strides in workplace safety, we have benefited by our collective exchange, reaped the benefits of discounted premiums and annual rebates based on our own safe performance. As you can see, safety is nothing new to us,” he said.

Bowling Supports Youth, Veterans

He also talked about the USBC’s commitment to youth bowling, noting that $80 million is being held in SMART accounts as scholarships earned by boys and girls across the nation. And that bowling has raised more than $50 million for veterans through the Bowlers to Veterans Link since the fund’s inception in 1942.

John LaSpina brought up that bowlers in the Downstate area are traveling to New Jersey and Connecticut to bowl.

“So, we wave and wish them luck on the lanes and remind them of all those tolls,” he said.

What he really would love, he said, is to have a “private conversation” with the governor.

“I would tell him that I was glued to the TV for almost every one of his briefings and that I salute him for making hard decisions, which is what leadership is all about,” he said. “Give us clear guidance of your expectations and we will deliver. We will enforce social distancing, lower occupancy and follow all sanitation protocols.

“We are ready, we are smart, we are safe … it’s time for you to open our doors and let us show you what we can do.”

Lyndsey Jean Wilcox, 36, of Washington Avenue, Batavia, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; unlicensed operator; failure to keep right; and moving from lane unsafely. Wilcox was arrested at 3:03 a.m. July 17 after a motor-vehicle accident on Clinton Street Road in Bergen. The defendant was released with appearance tickets for Sept. 2 in Bergen Town Court. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Ryan Young.

Athena M. Hanley, 33, Pratt Road, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. On July 16 at 4:45 p.m. on Main Road in the Town of Pembroke, Hanley was arrested after the investigation of a motor-vehicle accident. She was issued an appearance ticket and is due in Town of Pembroke Court on Aug. 12. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

The Genesee Region United States Bowling Congress Board of Directors has voted to cancel the Annual Banquet that was scheduled for July 25 at Batavia Downs Gaming.

Due to the COVID-19 pandemic and the social distancing mandates that go with it, the board felt that it would be best to hold off on any large gatherings at this time.

The plan is to hold the banquet, including the Hall of Fame ceremony, on May 8, 2021, at Batavia Downs Gaming.

The association’s leaders in league high average, high game and high series – for both adults and youth – will be recognized with the presenting of plaques at the 2021 ceremony.

The 2019-20 leaders are as follows:

High Game – Men, 300, held by many; Women, 279, Diane Hurlburt, Warsaw; Youth, 300, Boys, Tony Sprague, Batavia, and Kyle Johnson, Batavia; Girls, 279, Jillian Menzie, Bergen.

High Series – Men, 834, Alex Allis, Medina; Women, 815, Diane Hurlburt, Warsaw; Youth, Boys, 752, Tony Sprague, Batavia; Girls, 653, Jillian Menzie, Bergen.

High Average – Men, 246.2, Curtis Foss, Medina; Women, 211, Amanda Coniglio, Mount Morris; Youth, Boys, 199, Dennis Van Duser, Perry; Girls, 196, Jillian Menzie, Bergen.

SCHOLARSHIP RECIPIENTS

The association voted to honor four graduating senior bowlers with scholarships for the 2019-20 season. All four will receive scholarships in the amount of $600.

This year’s recipients are Jillian Menzie of Bergen (Rose Garden Bowl), Tony Sprague of Batavia (Mancuso Bowling Center), Emma Miller of Le Roy (Mancuso’s), and Dennis Van Duser of Perry (Perry Bowling Center).

GRAND PRIZE DRAWING

The board did agree, however, to conduct the association’s annual “grand prize drawing” at its next board meeting, tentatively slated for 6 p.m. Aug. 5.

Three $500 prizes and four $25 prizes will be awarded in a random drawing of “entries” accumulated by bowlers through the association’s awards program.

LEAGUE SUPPLY PICK UP

In other action, the board agreed to set Tuesday, Aug. 11 and Thursday, Aug. 13 as the league supply distribution dates for the 2020-21 season.

Secretaries of USBC leagues that bowl at Mancuso Bowling Center in Batavia, Le Roy Legion Lanes, Rose Garden Bowl in Bergen, Paris Lanes in Oakfield, Oak Orchard Bowl in Albion and Medina Lanes will be able to pick up their supplies after 6 p.m. on Aug. 11 at Mancuso Bowling Center.

Secretaries of USBC leagues that bowl at Mount Morris Lanes, Perry Bowling Center, Letchworth Pines in Portageville, Livingston Lanes in Geneseo and Raider Lanes in Caledonia will be able to pick up their supplies after 6 p.m. on Aug. 13 at Mount Morris Lanes.

The supply packet will include membership cards, high score applications, league sanction application and updated league information.

President Gary Kuchler, Association Manager Mike Pettinella and Director John Wood plan on being present on both dates to answer questions, and are hopeful that bowling centers will be reopened by then.

BOARD VACANCIES

Kuchler announced that board of director positions will be extended for another year since the Annual Banquet is on hold.

At its most recent meeting, the board elected Jerry Davis of Pavilion as vice president.

Four association members – Rich Culver of Medina, AJ Allenbrandt of Le Roy, and Batavians Brian Green and Mike Johnson -- have indicated their desire to fill vacancies on the board and have been recommended by the board for appointment at the August meeting.

Two other openings on the board are vacant.

GRUSBC members interested in serving on the board are asked to contact Kuchler at (585) 356-5915 or by sending an email to: gkuchler60@yahoo.com

Danny D. Williams, 31, of Ellicott Street, Batavia, is charged with fourth-degree criminal mischief and endangering the welfare of a child. Williams was arrested after a domestic incident on Ellicott Street at 1:30 p.m. on July 6. It is alleged he destroyed a cell phone and was in a physical altercation with a minor. He was arraigned in Batavia City Court and is due back there on Aug. 27. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Marc Lawrence.

Donald J. McClary, 25, of Indiana Street, Rochester, is charged with: driving while intoxicated -- with a prior conviction; failure to stop from a driveway; unsafe turn; moving from lane unsafely; and unregistered motor vehicle. At about 1 p.m. on July 14, Batavia Police Officer Arick Perkins responded to 573 E. Main St. in Batavia for a report of a male slumped over the wheel in the McDonald's parking lot. After a subsequent traffic stop and investigation, McClary was released with traffic tickets and is due in Batavia City Court on Sept. 16. Perkins was assisted by Officer Joshua Girvin.

Shawn P. Thomas, 37, of Pine Ridge Road, Cheektowaga, is charged with criminal possession of a controlled substance in the seventh degree. Thomas was arrested on July 9, after he was allegedly found in possession of methamphetamine during a traffic stop on East Main Street in Batavia on May 7. He was issued an appearance ticket and is due in Batavia City Court on Oct. 6. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Kevin DeFelice.

The COVID-19 pandemic has not only adversely affected business operations and the economy, it also has fueled a surge in the opioid crisis, placing added strain on those in substance use recovery who have been isolated by state-mandated stay-at-home orders.

John Bennett, executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse, drove home that point on Wednesday during the agency’s annual meeting via Zoom videoconferencing.

“Obviously, COVID-19 has changed how we do business and it has changed the landscape of where we were at a year ago,” Bennett said. “From 2017 to 2018, we saw a reduction in opioid overdoses across the country, and just last year alone there was a 5-percent reduction, according to the Centers for Disease Control.”

But this year, things are very different, he said, reporting that the overdose rate went up 18 percent from a year ago in March, 29 percent in April, and a 42 percent in May.

“So, overdoses are up 42 percent across the country, and I don’t think regionally that it’s any different. We’ve seen an increase in overdoses and overdose deaths,” he said.

Latest statistics were compiled by the Overdose Detection Mapping Application Program, a national surveillance system that provides near real-time suspected overdose data.

Despite the disheartening news, Bennett said that GCASA is steadfast in its mission to offer a wide spectrum of services to those in need.

“GCASA has been a regional leader in building new addiction services that normally aren’t in rural communities, and we continue to be committed to maintain our efforts to expand services so that folks in our regions and in our communities don’t have to travel outside the area,” he said.

Bennett, who took over as executive director in 2012, commended the board – “very committed and dedicated individuals who are kind and caring” – and praised his staff.

“To my staff who are on the call today, I’m super proud of all of you,” he said. “You’re always willing to pitch in and assist our community partners and advocate for people suffering from addiction.”

Outgoing Board President Brian Paris conducted the election of new board members and presented the new slate of officers.

Elected to their first three-year terms were as follows:

• Jennifer Groff -- The director of fiscal operations and child support for Genesee County Department of Social Services, she has served on the GCASA Foundation board since 2018.
• Stefano Napolitano -- The City of Batavia fire chief, he also serves on the Foundation board and his department participates in the Police Assisted Addiction & Recovery Initiative in conjunction with GCASA.
• Jackie Gardner -- She is vice president of client services for Claims Recovery Financial Services.
• Pattie Kepner -- She is the associate executive of quality assurance for the Arc of Genesee and Orleans, having worked in human services for more than 30 years.
• Tim Batzel -- He is the business administrator at Alexander Central School, which contracts with GCASA for Prevention services.

Bennett thanked the outgoing board members for the six years of service. They are Paris, president; Shelley Falitico, Shawn Heubusch, Holli Nenni and Daniel Thurber.

The new slate of officers:

-- President, Virginia Taylor.

She holds a Ph.D. in Higher Education, which she received at the age of 50.  She is a recipient of the WNY Network for Women Leaders in Higher Education Bernice Poss Award, a Buffalo Business First 40 Under 40 Recognition Award, and Niagara County Community College Distinguished Alumni Award.

-- Vice President, Victoria Elsenheimer.

She is the executive assistant to the Vice President of Advancement, a position she has held for the past 12 years at Brockport State College. She joined the U.S. Army in 1989 and was enlisted in the Army Reserves for 17 years; honorably discharged as a Sergeant in 2006.

-- Secretary-treasurer, Frederick Rarick.

He is an attorney in Batavia; practicing law for 35 years in the representation of individuals charged with crimes. He is licensed to practice law in New York, California, and Washington, D.C. He was a past board member of the Genesee County Veterans’ Support Network.

Menzie, LeBaron Earn Scholarships

As previously announced, Jillian Menzie, of Bergen, and Ashlyn LeBaron, of Albion, received GCASA Foundation scholarships for 2020.

Each award was for $1,000.

Menzie is a 2020 graduate of Byron-Bergen Central School who plans to attend Brockport State College to pursue a nursing degree with a minor in Spanish.

In addition, she plans to study abroad as well as join the Army ROTC program. Throughout her high school career, she participated in many sports teams, music programs, and clubs. 

LeBaron is a 2020 graduate of Charles C. D’Amico High School in Albion and valedictorian of her class. She plans to attend either Cedarville University in Ohio or Roberts Wesleyan College to pursue a career in nursing.

She, too, participated in numerous extracurricular activities, including sports, band and orchestra.

Disclosure: Story written by Mike Pettinella, GCASA publicist.

Update, June 16, 11 a.m. with link to a map of Ellicott Trail.

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In the eyes of Batavia Town Supervisor Gregory Post, Wednesday’s grand opening of Ellicott Trail -- the 4.6-mile walking/bicycling path stretching from Seven Springs Road to Pearl Street Road – illustrates perfectly what can be achieved through collaboration.

“It’s a great example of what communities can do working together, in spite of COVID, in spite of setbacks, in spite of funding issues. This has been legitimately and overwhelmingly successful,” Post said during last night’s Town Board meeting via Zoom videoconferencing.

A joint venture of the Town and City of Batavia with support from Genesee County, Ellicott Trail is actually about 9 miles from end to end if you include sidewalks and bridges.

CLICK HERE for a webpage that includes a map of the Ellicott Trail.

The $1.7 million project was funded mostly by a state Department of Transportation grant, with the City and Town each contributing 10 percent of the cost.

Post commended all those who worked to make the trail a reality – “there probably has been 100 persons involved in design, development, construction and administration,” he noted – and had high praise for the Town Highway Department, led by Tom Lichtenthal, highway superintendent.

“It has been an extraordinary effort by those three gentlemen that serve Tom in the highway department as well as Tom putting in yeoman’s hours … to complete all of these tasks under some pretty serious deadlines,” Post said.

The Town received a certificate of merit from the New York State Assembly, recognition fronted by Assemblyman Stephen Hawley.

Post said the project hasn’t been an easy one to navigate.

“I appreciate everyone’s attendance in constructing this project over the last four and a half years,” he said. “It has been one of the largest boondoggles administratively that we’ve ever undertaken, but I think it’s one of the showcase constructs and is very visible and well received …”

In other developments, Post:

-- Reported that Town employees have been working overtime to deal with recent water pressure issues.

“Crews have been working 12 hour days, seven days a week, contending with unprecedented amount (of demand) that have taxed the resources, so we’re now pulling water from Monroe County, Erie County and the City of Batavia’s plant,” he said. “There have been a few times where it has been very close to not having enough water.”

He said there was an incidental pressure drop for an hour on one segment of Galloway Road, but since then “we have installed a booster pump and 800 feet of 8-inch water main on Powers Road, and through shared services with the New York State Thruway today, secured that with barriers to prevent any expansion or contraction issues that may interrupt that flow. So, we’re still maintaining pressure flow to everywhere in the town.”

Post said while Genesee County is working on getting additional water flow from the east, the Town is placing “a priority on any unnecessary use of water or any unanticipated use of water for firefighting services” that will result in the need to add people on to operate valves for an interim period.

-- Acknowledged the revenue distribution to towns and villages passed yesterday by the Genesee County Legislature’s Ways & Means Committee.

“On a good note, I’d like to inform everyone that there was a Ways & Means Committee (meeting), that has adopted a proposal to distribute some revenue sharing to all the communities,” he said.

“The amounts are listed in the paper (actually on The Batavian, click here to view), and we also did receive our discounted money from the video lottery terminal (generated by Batavia Downs Gaming).

-- Advised that Town Hall staff will continue to operate remotely, but the drive-thru window will be open.

“Courts are opening on a limited basis and that will continue as they get new direction from the state on their email train,” he said.

He also said he will be renewing a state of emergency declaration effective at 6 o’clock today “to comply with FEMA (Federal Emergency Management Agency) and state and federal requirements to maintain cash flow -- so that reimbursements will be seamless for the additional costs and expenses we have accrued through this episode and to continue to keep everyone healthy.”

Update: 7:45 p.m. with comments from Rochelle Stein, County Legislature chair

The Genesee County Legislature’s Ways & Means Committee this afternoon approved $1.1 million in voluntary distributions to the county’s towns and villages.

The measure will now go to the full legislature for final approval at next Wednesday’s meeting at the Old County Courthouse.

According to the resolution, the payments are being made “in good faith” despite “the unprecedented financial constraints that Genesee County faces in determining a voluntary distribution.”

The amount of the payments, which are based upon taxable assessed valuation, are as follows:

• Town of Alabama, $43,508.30;
• Town of Alexander, $44,939.40;
• Town of Batavia, $188,098.90;
• Town of Bergen, $54,447.80;
• Town of Bethany, $45,145.10;
• Town of Byron, $52,228.00;
• Town of Darien, $108,829.60;
• Town of Elba, $40,630.70;
• Town of Le Roy, $90,932.60;
• Town of Oakfield, $33,621.50;
• Town of Pavilion, $60,039.10;
• Town of Pembroke, $110,027.50;
• Town of Stafford, $69,514.50;
• Village of Alexander, $8,102.60;
• Village of Bergen, $20,825.20;
• Village of Corfu, $14,765.30;
• Village of Elba, $11,825.00;
• Village of Le Roy, $79,856.70;
• Village of Oakfield, $22,662.20.

"This proves that we are being true to our commitment that there is an intention to share when we gain information," Legislature Chair Rochelle Stein said. "We said that there are four things that we have to understand before we can send out any distribution, and we learned one of them -- sales tax and other revenue that has or hasn't been adjusted by the state. That is so important."

Stein said the total of $1.1 million is "a step in the right direction," especially in light of the fact that state aid for the county's mental health services, highway improvement fund and video lottery terminal revenue each were cut by 20 percent.

"We've asked the town and village leaders every Saturday to stick with us and have patience," she said. "We can make a better decision when we have facts. We are holding up to our word and we are doing what we can, when we can."

Stein, in late March, advised town and village leaders that the county couldn't abide by the current distributuion schedule due to COVID-19 and the state being "on pause," stating at the time that "the county would not be able to write checks that we could not cash.”

Action by the legislature to cancel distribution agreements from 2018 and 2019 caused quite a stir among leaders of the municipalities that also were facing serious budget problems.

Assistant County Manager L. Matthew Landers said the distribution is "an amount that the legislature feels is safe for the county to make and prudent for the county to make at this point in time, considering there are still a lot of unknowns."

Landers mentioned the uncertainty surrounding the four measurement points that Gov. Andrew Cuomo has put in place to possibly cut state aid, although two of them – April 30 and June 30 – have come and gone.

He said the board has continues to wait and see if another federal stimulus package will be passed, which would factor in concerning the amount and/or frequency of future distributions. 

Landers to Replace Gsell as County Manager

In other action, the committee recommended the appointment of Landers to replace Jay Gsell as the county manager, effective Aug. 15 – the day after Gsell’s scheduled retirement date following 27 years of service.

Landers, an Elba Central School graduate, has been employed by the county for 16 years, serving as Deputy Treasurer for 10 years before taking his current position.

He has a bachelor’s degree in Accounting and master’s degree in Public Administration from Brockport State College.

A longtime Kiwanis Club member, Landers, 43, and his wife, Melissa, reside in Batavia with their two children, Kaitlyn, 14, and Benjamin, 10. He is active as a girls' softball coach and league official.

His base salary is set at $120,000, plus longevity.

The full legislature also will vote on this resolution next Wednesday.

The Batavia City Council member who requested that the “process to hire a new city manager” item be placed on this past Monday’s meeting agenda says it is the board’s duty to invest the time and effort necessary to hire the right person for the job.

“I’m a firm believer that we owe it to the citizens of Batavia to do a search and find the most qualified person, and anyone that wants can submit an application. I think that’s important because if we don’t, then the innuendo and rumors will be flying,” Robert Bialkowski said by telephone on Tuesday.

Council discussed the matter for about nine minutes during its Conference Meeting at City Hall, exploring its options as it looks to find a permanent replacement for departed City Manager Martin Moore.

Assistant City Manager Rachael Tabelski has been serving at acting city manager since June 22, two days after the City and Moore severed their relationship.

Bialkowski said he put the topic on the agenda because “I wanted Council to make a decision – let’s move forward.”

He said he wasn’t pleased with the placement on the agenda, being that it wasn’t positioned as an item that would result in a resolution.

“If you look at the Conference agenda, it was under the Council president explaining the process,” he said. “I’m noticing some unusual things.”

The councilperson-at-large said the board should take advantage of a “warranty” offered by The Novak Consulting Group, the Cincinnati, Ohio-based firm that conducted the search that resulted in Moore’s hiring in August 2018.

“The company offered a full warranty if the manager either was terminated or left on his own accord within two years, and they will stand behind that warranty,” he stated. “You’re not going to find another company to do it any more reasonable."

When the subject came up during the meeting, Council Member Kathleen Briggs asked if a hiring freeze in effect would pertain to filling the position at this time.

After both Council President Eugene Jankowski and Tabelski said it was for part-time employees and didn’t apply to a vacancy, the former suggested contacting Novak to inform its leadership team of the City’s situation.

“Let’s see what kind of feedback we get from them and move forward,” Jankowski said. “It’s only been a few weeks but we don’t want to wait too long.”

At that point, Tabelski indicated that she is interested in the position.

That prompted Jankowski to mention some options – starting a new search and following it through or putting the matter on hold for a month. He then said more details would be discussed in executive session after the Aug. 10 meeting.

“I think we should reach out and see what our option is with that other agency first and once we have that information, we’d have more to decide,” he said.

Council Member John Canale concurred, adding that “most likely we will reach out to them at some point; so, kind of put them on notice.”

“I agree with Bob that it’s important to start the process and then we can, in executive session at some point, get together and start to talk about the candidates,” he said.

Jankowski, choosing his words carefully, then said there were three options.

“If you think about it there are only three options – you can do a whole search and hire somebody, keep what we have in place and make that offer or a combination of both … there’s only three choices there,” he said. “We need to know if that other option (Novak) is off the table for some reason – the company’s no longer in business or they don’t see it the way we see it – that would be an important thing to know.”

Bialkowski said he did an internet search on the company and found that it not only is still in business, but it has expanded.

“The contract we signed with them … the guarantee for this position is two years,” he said. “Should the selected candidate leave or be terminated from the position within two years of being hired, The Novak Consulting Group will conduct a new search for no professional recruiting fee.”

Jankowski said it behooved the board to find out what expenses the City may incur by conducting a new search.

“At a time when things are tight, I want to know exactly what kind of money we’re going to be talking here. … Let’s get some more information and bring in back for August,” he said.

He then asked Tabelski to contact Novak Consulting Group, and she, in turn, said she would assign Human Resources Specialist Dawn Fairbanks “to make those inquiries … so I would not have any knowledge of the process you may or may not entertain as you move forward, working with the city attorney.”

Bialkowski was known to be a supporter of Moore, and he acknowledged that he did vote “no” during the executive session that followed Council’s June 8^th meeting. Less than two weeks later, Moore was gone.

Asked on Tuesday if he had hard feelings over Moore’s departure, he said, “I can’t comment on that because it was in executive session. But what I can comment on if you look at the minutes, I did vote “no.” (The vote was 8-1). That’s all I can say.”

Bialkowski then was asked why a vote was necessary if Moore had indeed resigned, which is what he had been quoted as saying in a story in a local newspaper.

“What do you want me to tell you? I know what you want me to tell you but you’re on a fishing trip with no bait,” he responded. “Everything else, we are bound by lawyer, attorney-client privilege in executive session."

He said that finding Moore's replacement is “totally impersonal.”

“I don’t care who applies,” he said. “I can only encourage people to apply.”

Genesee/Orleans Council on Alcoholism and Substance Abuse employees are keeping their collective fingers crossed as they look to resume activities at Recovery Station, the agency’s social gathering and recreation place in the former Bohn’s Restaurant building on Clinton Street Road.

“Beginning next Monday (July 20), and as long as COVID-19 cases remain low and there are no other restrictions put in place by New York State, the center will start allowing up to 10 community members at a time into the building for a variety of recovery activities,” said Rosalie Mangino-Crandall, director of Project Innovation and Expansion.

The public schedule for the reopening week is 10 a.m. to noon, 1-5 p.m. and 6-8 p.m. on Monday, Thursday and Friday, and 3-5 p.m. and 6-8 p.m. on Tuesday. The center will be closed on Wednesday.

Mangino-Crandall advised residents to check the Recovery WOW program’s Facebook page at facebook.com/recoverywow for updates or call (585) 815-5248.

Recovery Station Coordinator Sue Gagne said that the following health- and safety-related guidelines will be in force for all visitors:

-- Be expected to wear masks at all times while on the property;
-- Adhere to the 6-foot social distancing rule;
-- Have their temperature taken immediately upon entry to the center building;
-- Be asked a series of COVID-19 screening questions;
-- Be asked to use hand sanitizer and/or wash hands immediately upon entry.

“We will also begin to add more structured activities in the coming weeks,” Gagne said, noting that staff will be disinfecting furniture, equipment, table games and all rooms frequently throughout the day.

Currently, GCASA officials have allowed one-to-one sessions with Recovery Station peer advocates at the location, in addition to opening the center to staff and residents of the Atwater House residential facility.

Extra precautions at all GCASA buildings and offices at the Batavia and Albion campuses are being taken, said Executive Director John Bennett.

“We are going the extra mile when it comes to safety of our patients and staff,” Bennett said. “Face coverings must be worn by employees when they are walking in the common areas, when working with patients and even when they are alone just in case they happen to meet someone. Whenever there are two or more people in a room, a mask is advised to keep each other safe.”

Elizabeth Riter, director of Corporate Compliance and Quality Assurance, said that in addition to wearing masks, all staff members are required to attest to having taken their temperatures and are asked to complete a standard Covid health screening as they enter each facility.

“Similar to the Recovery Station, the Batavia and Albion Outpatient Clinics are promoting good health practices as we welcome patients back on the grounds for face-to-face services,” she said.

Riter added that masks are provided to any staff or patients who may not have one or forget to bring theirs, and that temperatures of all patients who enter are taken immediately and they are asked to sanitize their hands.

“Unfortunately, friends and family who are not scheduled to be seen will have to wait outside in order to minimize contact in the waiting areas,” she advised. “All offices and common areas have been modified to promote socials distancing, while enhanced cleaning schedules have been instituted in all facilities.”

The same stringent standards apply to the agency’s residential programs, Riter said, adding that new admissions coming from medical facilities have essentially been quarantined and screened before being placed into GCASA’s program.

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Disclosure: Story is written by Mike Pettinella, GCASA publicist.

Jennifer J. Hogan (inset photo left), 29, of Buell Street, Batavia, is charged with second-degree robbery. She was arrested and arraigned in Batavia City Court at 9:30 a.m. on July 7. This was due to an arrest warrant stemming from an incident that occurred at 6:20 p.m. on Oct. 2 on Hutchins Street in Batavia. She also had two additional bench warrants out of city court. She was arrainged then jailed on $15,000 cash, $40,000 bond, or $60,000 partially secured bond.  She is due to return to court on July 18. Hogan is accused of removing money from a victim's pocket after her co-defendant, 54-year-old David Vega (inset photo right), of Rochester, had allegedly prevented the victim from leaving the residence by grabbing the victim's hand, which was injured in the incident. Vega is charged with second-degree robbery and after arraignment in city court, was jailed on $25,000 cash, $50,000 bond, or $100,000 partially secured bond. No information provided about Vega's court date. No weapons were displayed. The cases were investigated by Batavia City Police Officer Arick Perkins.

Matthew I. Diers, 36, of West Main Street, Batavia, is a convicted Level 2 sex offender charged with sex offender failure to report a change of internet identifiers within 10 days as required on the NYS Sex Offender Registry. He was previously been convicted of failing to notify authorities of a change of status within 10 days, thereby elevating this charge to a Class D felony. He is in jail without bail. The case was handled by Batavia City Police Officer Jason Ivison.

Laytefa A. Franklin, 31, Castle Place, Buffalo, is charged with endangering the welfare of an incompetent person and criminal obstruction of breathing. Franklin was arrested on July 2 and arraigned in Batavia City Court. It is alleged that at 9:15 a.m. on Jan. 4 on Bank Street in Batavia that Franklin intentionally obstructed the breathing of an incompetant person by intentionally blocking the victim's nose and mouth. Franklin was released under supervision of Genesee Justice. She is due back in court on Aug. 27. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Daniel W. Mosholder, 28, no permanent address, is charged with endangering the welfare of a child and second-degree stangulation. Mosholder was arrested after a domestic incident on North Spruce Street in Batavia at 6:45 a.m. June 28. He was arraigned in Batavia City Court and is due there again on Aug. 20. The case was handled by Batavia City Police Officer Adam Tucker, assisted by Officer Austin Hedges.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree harassment. Cook was arrested after a disturbance on Liberty Street at 8:30 p.m. on June 29 in which she allegedly struck a neighbor. Cook was released on an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Mark Anthony Constable Jr., 31, of Ganson Avenue, Batavia, is charged with: second-degree harassment -- physical contact; criminal mischief -- intentionally damaging property; and grand larceny in the fourth degree -- taking property from a person. Batavia police were dispatched to Ganson Avenue at 10:56 a.m. on June 30 for a physical domestic incident. After arraignment in Batavia City Court, Constable was released on his own recognizance. He is due back in city court on Aug. 20. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Adam Tucker.

Thomas Franklin Hofmeier, 19, of Alleghany Road, Pembroke, is charged with third-degree criminal mischief and fourth-degree criminal mischief. He was arrested on Main Road in Pembroke at 8:32 p.m. on July 11 after he allegedly used a car key to scratch the exterior of the victim's vehicle and broke the rear view mirror in the vehicle. He also allegedly took the victim's cell phone when the victim attempted to call 9-1-1 and threw the phone into a nearby ditch so the victim was unable to call for help. Hofmeier was put in Genesee County Jail and was arraigned July 12 in Genesee County Court. He was released and is due to appear before Judge Charles Zambito on Sept. 1. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Thomas J. Wolcott, 36, of Hutchins Street, Batavia, is charged with second-degree criminal contempt. Wolcott was arrested at 12:07 p.m. on July 7 on Main Street after an investigation into a violation of a court order. He was issued an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Stephen Cronmiller.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested after an investigation into a domestic incident at 9:35 p.m. on July 8 on Liberty Street. Cook allegedly violated an order of protection. Cook is due in Batavia City Court on Aug. 11. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Miah Stevens.

Andre Lamar Roberts, 27, of Burrows Street, Rochester, is charged with second-degree criminal contempt. At 12:30 a.m. on July 1, Roberts was found by BYS Troopers walking on Route 98 in the roadway. He was taken to Batavia Police Headquarters and arrested for allegedly violating an order of protection at a location on West Main Street in Batavia. He was arraigned in Batavia City Court and jailed on $4,000 cash bail or $8,000 bond or $15,000 partially secured bond. He is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Arick Perkins.

Robert B. Schultz, 61, of Ross street, Batavia, is charged with: driving while intoxicated -- with a BAC of .08 percent; DWI -- common law; and moving from lane unsafely. Schultz was arrested at 8:48 p.m. July 4 on Harvester Avenue in Batavia after a motor-vehicle accident on Harvester Avenue. He is due in Batavia City Court on Aug. 5. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Willie L. Williams, 33, of Laser Street, Rochester, is charged with: criminal possession of a controlled substance in the third degree; criminal possession of a controlled substance in the fourth degree; and criminally using drug paraphernalia in the second degree. At 11:18 a.m. on June 30, Williams was arrested after an investigation into a traffic stop that occurred earlier in the day on East Main Street, Batavia. After arraignment in Batavia City Court he was jailed without bail and is due back there on Aug. 13. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Stephen Cronmiller.

Even before the pandemic struck New York, the Genesee County District Attorney's office was hit hard, according to DA Lawrence Friedman, by new discovery rules that greatly increased the workload of attorneys in his office, he said.

Now, his office is faced with the daunting task of catching up on a backlog of cases at a time when courts are scheduling defendant appearances further apart.

In order to maintain social distancing in courtrooms, courts are putting a time buffer between cases, which impacts the workflow and increases the time an attorney can be tied up in court, Friedman said.

"The same thing is going on in every court in the county," Friedman said. "We can't even imagine what that is going to do as far as our time commitments. We're concerned."

When the pandemic hit, Friedman's office was in the process of hiring a seventh full-time attorney to help with the prosecution load but before a new person could be brought on board, the county initiated a hiring freeze.

The hiring freeze remains in place but yesterday, Friedman asked county legislators at the Public Service Committee meeting to lift that freeze for this one position in his office.

"We're well aware of the financial difficulties faced by the county but the same pandemic that created the financial problem has only increased our need for the position," Friedman said.

Before the hiring freeze, Friedman did hire two new paralegals, authorized in this year's budget, to help with the workload mandated by the new discovery rules (under the new rules, there is more material to review and turn over to defendants in a shorter period of time).

"This is not a position we can just fill immediately," Friedman said. "We need a month to get the word out and collect resumes, schedule interviews, and make a job offer. Generally, attorneys like to give four weeks' notice. So it could be a couple of months, at best, before we're able to hire someone."

Only Friedman and First Assistant District Attorney Kevin Finnell have more than 14 months of experience in the DA's office and Friedman will retire at the end of 2021.

The workload in the office is also increasing because state troopers will start wearing body cams, which will mean more evidence to review in some cases, and the repeal of Public Service Law 50-a, which used to keep police disciplinary records confidential, has also made the discovery process more burdensome. 

"Our obligation is to make sure that information is disclosed to the defense," Friedman said.

The public defender's office, Friedman noted, also has six attorneys handling criminal cases but the office, Friedman said, handles only "a fraction" of the cases the DA's office handles. Since defendants might hire a private attorney or received assigned counsel, the Public Defenders Office doesn't handle every single criminal case in the county, which the DA's office does.

There are also state grants available to help cover the public defenders' budget, Friedman noted.

Friedman also noted that new City Court Judge Durin Rogers is "more demanding" and takes up more time on cases, and Town of Batavia Supervisor Greg Post has also asked for more DA time in the Town of Batavia Court.

No committee member offered any comment on Friedman's request nor is there an indication on when the legislature might consider it further.

A young woman who resides on State Street in the vicinity of Lewis Place and Hutchins Place says she is concerned for her safety due to the ongoing incidents in the neighborhood, and she wants Batavia City Council to do something about it.

Speaking during the public comments portion of Monday night’s Council meeting, the woman (whose name is not being published by The Batavian) said she’s “pretty much at my breaking point with this community.”

She said she has lived on State Street for about 12 years and has volunteered her time to several organizations. She said she is dismayed by the lack of respect shown to police officers by some of her neighbors and worn out by the things she has had to endure.

“That’s why I’m here today to reach out and see what we can do about this situation,” she said.

She said she has had her garden destroyed, car windows smashed and trash dumped onto her property (which she had to pay to have removed), and has had to put up with fireworks at all hours of the day and night as well as constant commotion.

“People working at home (as in her case) have to deal with this 24 hours a day,” she said, adding that she has sent dozens of videos of these incidents to City officials. “We put our jobs and our livelihoods at risk because there are so many altercations outside – you can’t have a conversation with a customer service rep on the phone.”

She said that when she called and sent the videos, the “answer to that was to open the spray park (at Austin Park).”

“But that’s not enough. That spray park has been open for years and it has not stopped anything,” she said. “I live in constant fear. I’m afraid to be here – what if somebody sees that I was here, what’s going to happen to my house and my garden, my livelihood at that point.”

She also said she has been sexually harassed, but despite all of this, she continues “to try and try and try” and asked, “What can we do to solve this?”

The woman also talked about the declining property values in the area, specifically a neighbor whose home was assessed for $71,000, but ended up selling for $11,000.

Council members Rose Mary Christian and Patti Pacino responded to the woman’s pleas.

“I’m ashamed that people have to be harassed,” Christian said. “I want something done about it. The lady and her family shouldn’t have to be fearful.”

Pacino said she was “appalled (to know) that she is afraid to go home after coming to this meeting.”

Police Chief Shawn Heubusch said that he has added a new detail of two officers who are in that area five days a week for eight hours a day – and plans to run that detail through the end of the summer. He also said street surveillance cameras are operational in that area, and encouraged residents to continue to call the police department to report problems.

Council President Eugene Jankowski said this type of “bullying” can be stopped with the community’s help while Council Member John Canale, who acknowledged receiving a lot of phone calls and emails about the neighborhood, vowed to “get the situation under control.”

On another topic, city resident John Roach inquired about the plan for Dwyer Stadium now that the Batavia Muckdogs won’t be playing this year – and maybe not again.

“Are you going to give it away? Knock it down and put something else there? Keep it as a memorial?” Roach asked.

Council Member Robert Bialkowski said Public Works Director Matt Worth has spoken with the teams and the (New York-Penn) league.

“They do have a lease and they are working to get a straight answer,” Bialkowski said. “We do have some other plans, such as college baseball. There are some other options to look into. It is on all of our minds.”

Acting City Manager Rachael Tabelski said she wasn’t aware of recent developments, noting that she has spoken to Worth many times about college or semi-pro teams that could come in to fill the void left by the departure of Minor League Baseball.

Tabelski said she understood that the lease runs through next season.

“If someone like a community group wanted to use that field or another team wanted to use it, they would still have to go through the (NY-)Penn League to get permission to do so. The city couldn’t grant that type of access to the stadium due to the lease that they have,” she said.

County legislators dealt with two law enforcement-related contracts at Monday's Public Service Committee meeting that, as one member put it, are "mysteries" because of the ongoing coronavirus pandemic.

It is unknown whether there will be on-campus learning at county schools this fall, but the Sheriff's Office is expected to provide School Resources Officers to six campuses if students return to classrooms, so that contract needs to be in place.

Right now, it doesn't look like Live Nation will host any concerts at the Darien Lake Performing Arts Center but in case they do, the contract for the Sheriff's Office needs to be in place.

The committee recommended both contracts be approved.

For SROs, three school districts -- Alexander, Byron-Bergen, and Pavilion -- employ deputies year-round and reimburse the county for that expense. Those SROs remain employed by their respective districts.

Pembroke, Oakfield-Alabama, and BOCES use SROs for only 10 months during the year, so the Sheriff's Office gets reimbursed for those deputies' salaries for only those 10 months.

The year-around school districts have continued to use their SROs even during the lockdown, even during the summer, but it's uncertain what will happen with the partial-year SROs if students don't return to campus in the fall.

Currently, the Sheriff's Office has three open road patrol positions. Rather than hire and train new officers, the three deputies who are SROs in Pembroke, O-A, and BOCES are fulfilling those duties, so the cost to the county of not getting those salaries covered by the school districts is a wash.

As for Darien Lake, there's no expense to the county if there are no concerts and Live Nation pays for any deputies put on duty at concerts.

However, discussion of the concert season had legislators asking about the impact that closure of Darien Lake -- the theme park, concert venue, and hotel -- would have on county revenue. The county derives significant revenue from sales tax at the theme park as well as gas tax for people who travel into Genesee County for the park and subsequently buy gas here. The bed tax from the hotel is about a third of the bed tax revenue for the county, said County Manager Jay Gsell.

Chairwoman Rochelle Stein told the committee that based on her communication with industry and state officials, Darien Lake is part of an amusement park lobbying group trying to get the governor's office to authorize theme parks to reopen.

She said Darien Lake has drafted a thick binder of guidelines the park would follow if it reopened.

"They've put their safety plan in front of the governor's office," Stein said. "There is a whole lobbying arm of the amusement park industry that as a group is trying to convince the governor to let them reopen. So far, that has fallen on deaf ears."

Photo: The socially distanced Public Service Committee meeting.